Oil And Natural Gas Corporation ... vs Jindal Drilling And Industries ...
2021 Latest Caselaw 3711 Bom

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                                                            19-nma-4152.08.doc

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         ORDINARY ORIGINAL CIVIL JURISDICTION

             ARBITRATION APPEAL NO. 77 OF 2007
                           IN
            ARBITRATION PETITION NO. 409 OF 2006
                       ALONG WITH
             NOTICE OF MOTION NO. 4152 OF 2008
                           IN
             ARBITRATION APPEAL NO. 77 OF 2007

Oil and Natural Gas Corporation Ltd., Mumbai           ... Appellant
       Versus
Jindal Drilling and Industries Ltd., New Delhi         ... Respondent

                               ******
Ms. Shivani Kumbhojkar i/by M/s. The Law Point for the
Appellant/Applicant.
Ms. Geeta Shastri, Addl. Govt. Pleader for the State.
                               ******
                                     CORAM: R. D. DHANUKA AND
                                            V. G. BISHT, JJ.

DATE : 26th FEBRUARY, 2021.

P.C. :-

. None appeared for the contesting respondent when the matter was called out.

2. Mrs. Shastri, learned Additional Government Pleader for the State invited out attention to the judgment of Full Bench of this Court in case of Mr. Puneet Malhotra and Anr. v/s. Mr. R.S. Gai, Sole Arbitrator and Ors. in Writ Petition No. 4064 of 2008 and other companion matters delivered on 23rd October, 2008 holding that Article 3 of the Schedule I of the Bombay Court Fees Act does not apply to an

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19-nma-4152.08.doc

application or petition or memorandum of appeal filed for challenging an award made under the 1996 Act, and Court fee on a petition filed under Section 34 of the 1996 Act challenging an award in this Court is payable according to the Article 1(f)(iii) of Schedule II. It is held that on an appeal filed in this Court under Section 37 of the 1996 Act challenging an order passed in a petition filed under Section 34 of the 1996 Act Court fee is payable according to Article 13 of Schedule II of the Bombay Court Fees Act.

3. The applicant seeks modification of the order dated 13 th August, 2008 passed by a Division Bench of this Court, in this appeal.

4. Place the Notice of Motion No. 4152 of 2008, High on Board on 9th March, 2021.

5. The appellant is directed to issue notice upon the respondent to remain present.

[V. G. BISHT, J.]                              [R. D. DHANUKA, J.]